Bank Holiday Entitlement Whilst Sick

[PostalWorker13]

Hi all,

I have read through several other threads discussing this topic and there seems to be conflicting answers.

I was recently off with COVID and was forced to self isolate for 10 days. During this time, there was two bank holidays in which the office was closed (3rd & 4th Jan).

Due to being with the company for less than a year, I got paid SSP for the time I was off, which is fine and what I expected as per terms of contract.

However, when returning to work I mentioned to my manager that I had been off sick on both bank holidays and asked if I was due these days back in lieu. Both managers in my DO have said no, I am not entitled to them back and I have also contacted HR who confirmed as much.

I contacted ACAS and they confirmed that as my contract states 22.5 days and 8 days bank holiday entitlement, this time off should be granted back to be taken in lieu, regardless of if it was a bank holiday or not.

We have no union rep and the area rep is hardly ever in the office, so having trouble confirming this with the union.

I have checked the employment policies and it only mentions if you have a rest day, that you are entitled to it back. There does not seem to be any mention of what happens if you are off sick, but most on here seem to think you do not get this back.

My question is, where in the Royal Mail Contract / Employment Policies does it state that you are not due bank holidays back if you are off sick? The bank holidays make up my statutory minimum annual leave of 28 days?

Are ACAS wrong, or have Royal Mail just had an unwritten rule that they don’t credit bank holidays back when you are off sick?

What would have happened, for example, if I was also self isolating on the Christmas Day and Boxing Day bank holidays? If they state I am not entitled to it back, this would take me under the minimum legal requirement of 28 days annual leave?

Thanks in advance.

[Haditup]

To my knowledge,Bank Holidays have never been credited by Royal Mail whilst on sick leave.
It’s happened to me on several occasions.

Wether Royal Mail decision is right is questionable ,because like you’ve said there is conflicting information on the subject.
Really depends on the wording of contract -holidays entitlement inc Bank Hols vs holiday entitlement + Bank Hols?

https://www.xperthr.co.uk/faq/if-an-em ... eu/158738/

Hopefully someone else will clarify.

[PostalWorker13]

Thank you for your reply.

I have read through my contract and attached a copy of the wording.

Clause 8.1:

‘Your holiday entitlement will be at the rate of 4 weeks and 2.5 days per annum.

Clause 8.2:

‘In ADDITION to your entitlement in clause 8.1 above, you are entitled to the usual bank holidays applicable to your region, as advised by your line manager.

I really don’t see how they can legally not give you bank holidays back when sick, just like with normal annual leave. This would potentially leave a shortfall of 5.5 days of legal entitlement.

ACAS have twice told me over the phone that the bank holidays MUST be credited back as it is in the signed contract as an entitlement.

Just wanted to get as many views as possible on this before again questioning management, as so many on here seem to think that we don’t get them back.

However, as far as I can see this is not written down in any contract or employment policy and just seems to be an unwritten rule that people have accepted must be the case?

Happy to be told otherwise and will gladly accept if I am wrong. Just don’t want to lose out on what I may be legally entitled to.

Thanks again.

[redlen]

The Working Time Regulations stipulate you still accrue annual leave entitlement when sick

Since your Statutory annual leave entitlement is made up of bank holidays, you get them back

An example with a full time employee

22.5 days year plus Eight bank holidays gives 30.5 days leave a year.
2.5 days extra over the 28 days statutory entitlement is a contractual entitlement

[PostalWorker13]

Thank you for your reply.

I thought this was the case, however I wanted to check as I have seen so many threads stating that ‘Royal Mail Policy’ is that we do not get bank holidays back and we just lose them… even though this would potentially leave people short of the 28 day minimum annual leave allowance.

I can see no evidence of this ‘policy’ anywhere in my contract or any of the employment policies on here / the people app. ACAS also confirmed I was correct so think I will bring it up again with them tomorrow and see how far I get.

It seems they may just be chancing it, as they do with giving days off on bank holidays and not crediting them back in lieu.

[redlen]

Royal Mail policy as a contractual issue cannot take precedent over your Statutory minimum Entitlement

[POSTMAN]

This thread says NO - Woody is in the know - to say no...
viewtopic.php?f=1&t=100106&p=938373

[PostalWorker13]

Before posting this thread, I did read through all older discussions on the same topic and could see that the majority of people said no you did not get the day back in lieu.

I couldn’t see anyone referencing specific terms and conditions or employment policy that confirmed this though, and as above I cannot find anything stating we would not be entitled to this back in our signed employment contract. We are entitled to ‘normal’ annual leave back if sick, so I’m wondering how bank holidays can be different if they make up our legal minimum requirement from 22.5 days to 30.5 days.

I have read lots online stating that if bank holidays make up your statutory minimum annual leave, which they do in this case, then you do get them back. It states this on ACAS, Gov.UK, citizens advise etc.

I have also spoken to ACAS on the phone twice and they have told me that whatever your entitlement is in your contract, which is 22.5 days in addition to 8 days bank holiday (30.5), that is what you are entitled to. If you are sick, you are given this time back to use at a later date and the fact that it’s a bank holiday makes no difference.

I did ask HR to send me a copy of the policy that states I would not be due this time back, and pointed out that this would potentially leave people with less than the minimum of 28 days, but they refused and said they did not send out policies to employees???

I suppose I will just have to bring this up with management and see how far I get. ACAS said if they refuse, then I can contact them back and they can start a claim against them for unfair deductions.

I shall keep you updated of the outcome.

Thanks for the replies!

[SpacePhoenix]

When on leave on a Bank holiday week, you only actually use 4 days of holiday (assuming you're on a 5 day week)

[Burghboy]

Had this exact same issue, can you let me know how this is resolved?

[PostalWorker13]

Yes, I’ll update as soon as I have an answer.

It looks like this issue has been coming up for years going off previous posts on here. It will be interesting to see if I can get a straight answer tomorrow!

Cheers.

[Tman]

Best of luck with that. If RM follows it's usual course of action they'll happily ignore whatever ACAS states anyway.
Must admit I've heard of RM crediting BH's lost through leave though.

[POSTMAN]

Yes, I’ll update as soon as I have an answer.

It looks like this issue has been coming up for years going off previous posts on here. It will be interesting to see if I can get a straight answer tomorrow!

Cheers.

I gave you a straight answer, I appreciate you don't know me from Adam, but you know, anyway, I contacted my BFF at the Corona helpline, and here is his answer...

Lieu days are given to people who attend for work on a bank holiday (i.e. who miss the bank holiday) to enable them to take the holiday at another time.

In this case, the individual had the day off work and they were paid for the day in line with the sick policy. The bank holiday has been reckoned as part of the absence. The bank holiday was not missed.

James. Coronavirus Support Team